§ 13A-8-231 — Prima Facie Evidence

(a) The fact that a person conceals merchandise for which he or she has not paid the full value, and the retail merchandise has been taken beyond the area within the retail establishment or premises of a retail establishment where payment for it is to be made, shall be prima facie evidence that the person possessed, carried away, or transferred the retail merchandise with the intention of depriving the retail merchant of all or part of the full value of the retail merchandise without paying the full value of the retail merchandise in violation of this article.
(b)(1) A violation of this article shall be deemed prima facie evidence that the person intended to deprive the retail merchant of all or part of the full retail value of the retail merchandise without paying the full value of the retail merchandise.
(2) The unaltered price tag or other marking on the merchandise, or duly identified photographs of the merchandise, shall be prima facie evidence of the merchandise’s actual retail value and ownership.
(c) Nothing in this subsection shall be construed to provide that the mere possession of goods or the production by shoppers of improperly priced merchandise for checkout shall constitute prima facie evidence of guilt.

Legislative History

(Act 2023-531, §1.)